DeMarco v. Schubert

OPINION OF THE COURT

VAUGHN J. RUDNICK, Circuit Judge.

This case involves an appeal from a final judgment providing for the eviction of Robert L. DeMarco and DeMarco Brothers, Inc., who were the Defendants in the trial court, from property jointly owned by the Plaintiffs, Carol Sue Schubert and Cheri Leonhardt.

This court reverses the final judgment entered by the trial court for the reason set forth below.

*118Point Two on appeal addresses the affirmative defense of estoppel; the appellants phrasing the point as follows:

“The trial court erred in failing to find that plaintiffs were estopped to seek…